All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the UMI Site is owned, controlled or licensed by or to UMI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information describing UMI products and services purposely made available by UMI for downloading from the UMI Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.
Your Use of the UMI Sites
You may not attempt to gain unauthorized access to any portion or feature of the UMI Site or other Content available only to licensed subscribers, or any other systems or networks connected to the UMI Sites or to any UMI server, or to any of the services offered on or through the UMI Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the UMI Site or any network connected to the UMI Site, nor breach the security or authentication measures on the UMI Site or any network connected to the UMI Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the UMI Site, or any other customer of UMI, including any UMI account not owned by you, or exploit the UMI Site or any service or information made available or offered by or through the UMI Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the UMI Site or UMI’s systems or networks, or any systems or networks connected to the UMI Site or to UMI.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the UMI Site or any transaction being conducted on the UMI Site, or with any other person’s use of the UMI Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to UMI on or through the UMI Site or any service offered on or through the UMI Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
UMI’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this UMI Site should be construed to alter such agreements.
UMI may make changes to any products or services offered on the UMI Site, or to the applicable prices for any such products or services, at any time, without notice. UMI attempts to be as accurate as possible. However, UMI does not warrant that product descriptions or other content of any UMI product or service is complete, reliable, current, or error-free. UMI reserves the right to cancel any transaction up until the time the item is shipped or downloaded, as applicable. All items purchased from UMI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon UMI’s delivery to the carrier.
For Purchases of UMI Course Offerings:
Unless otherwise specified, registration fees for UMI Course Offerings (each a “Course”) will include all online resource and Course materials. Resource and Course materials are to be considered supplemental to UMI’s online learning programs and may contain appropriate disclaimers explaining limitations which you hereby acknowledge.
UMI reserves the right to cancel a Course and/or program at its discretion. If this occurs, registrants will be notified and refunds of fees may be issued.
All fees for UMI Course Offerings are non-refundable unless otherwise provided. For your convenience, UMI may, at its discretion, provide a reminder email once you have purchased a Course. However, UMI is not responsible for the non-delivery of any reminder email and it is solely the responsibility of you or the party purchasing the Course to regularly confirm Course dates and times on the UMI Site. The order of presentation of the Courses for a particular program, Course locations, and dates are subject to change.
In order for a participant to receive a certificate of completion of any UMI online Course, the attendee must have a registered account in the UMI learning management system and must complete UMI-required test questions once he or she has completed the online Course. Upon completion of the applicable test, UMI may provide a certificate of completion in the participant’s account within the UMI learning management system, a copy of which may be printed for personal records. UMI does not warrant or certify that the individual listed in its learning management system records actually attended any part of the Course sessions.
Links to Other Sites
The UMI Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and our visitors. Such Linked Sites are not under UMI’s control, and UMI is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
UMI DOES NOT PROMISE THAT THE UMI SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE UMI SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE UMI SITE WILL PROVIDE SPECIFIC RESULTS. THE UMI SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. UMI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE UMI SITE OR ELECTRONIC COMMUNICATIONS SENT FROM UMI WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICICULAR PURPOSE. UMI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE UMI SITE AND/OR ANY UMI SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE UMI SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UMI FOR DISSATISFACTION WITH THE UMI SITE OR ANY CONTENT IS TO STOP USING THE UMI SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND UMI.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
UMI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the UMI Site, or any portion of the UMI Site, for any reason; (2) to modify or change the UMI Site or any portion of the UMI Site; and (3) to interrupt the operation of the UMI Site, or any portion of the UMI Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will UMI be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if UMI has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
UMI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the UMI Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) UMI’s rights or property, or the rights or property of visitors to or users of the UMI Site, including UMI’s customers. UMI reserves the right at all times to disclose any information that UMI deems necessary to comply with any applicable law, regulation, legal process or governmental request. UMI also may disclose your information when UMI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law and Dispute Resolution
Void Where Prohibited
Although the UMI Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the UMI Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. UMI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the UMI Site is void where prohibited. If you choose to access the UMI Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use, export, or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the UMI Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this UMI Site shall be deemed to be non-confidential. UMI shall be free to use such information on an unrestricted basis.
[Last updated December 11, 2013]